NEPAL: Intercaste marriage allegedly ends in murder

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-093-2016
ISSUES: Caste-based discrimination, Impunity, Police negligence,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that 18-year-old Ajit Mijar (Dhakal), a Dalit by caste, was found allegedly murdered on 14 July 2016 in Dhading district of Nepal. Ajit was a resident of Panchkhal Kavre district, who married his non Dalit girlfriend Kalpana Parajuli on 9 July 2016. The couple were forced to abandon their marriage by the girl’s relatives and Area Police Office Panchkhal on 9 July 2016, claiming it to be an early marriage. Kalpana was forcibly taken away by her relatives on 11 July 2016, two days after the marriage, and they threatened to kill Ajit within 72 hours. On July 16, Ajit was found dead, and was buried near the river bank of Furke Khola of Dhading District, which is more than 250 km away from Panchkhal.

CASE DETAILS: 

Mr. Ajit Mijar, aged 18, son of Mr. Haribhakta Dhakal (Mijar) and Ms. Kali Mijar, and resident of Hokse-6 Kavrepalanchowk District and Ms. Kalpana Parajuli, aged 17, daughter of Mr. Jhuwa Parajuli, resident of Kavrepalanchowk District were married on 9 July 2016. Both were studying 10+2 in local Sarbamangal Higher Secondary School, Panchkhal. They had an intercaste-marriage, and came to Ajit’s sister house located in Bhaktapur at around 4 p.m. The couple stayed there for a night. 

On July 10, Kalpana’s family registered a First Information Report (FIR) against Ajit, under the Muluki Ain, 2020 (Marriage Code). According to the girl’s family, Kalpana is aged 15, and as per Nepali law, marriage under 20 without parents’ consent is illegal. The Area Police Office Panchkhal summoned both families for discussion on July 10. The newly married couple returned to Panchkhal from Bhaktapur on July 10 at around 5 p.m. 

Both families gathered at Area Police Office Panchkhal on July 11. The police officials and girl’s family forced the couple to separate. Kalpana resisted, but her father Jhuwa Parajuli tore her marriage garland, and said she is dead to him. Kalpana’s elder sister Samjhana Parajuli also threatened to kill Ajit at any cost. Finally, the police and girl’s family forced them to separate. 

At around 4 p.m., the Mijar family returned home from the police office. Ajit did not take any food that night. At around 6 p.m., Kalpana telephoned Ajit, and promised that she will return back within three days. Ajit told her that there is no meaning to his life if she does not return. At around 8 p.m., Kalpana’s father, Jhuwa Parajuli, called Ramesh Mijar and requested him to say that Ajit had already married another girl, as Kalpana refused to eat any food. Earlier at around 6 p.m. another man claiming to be an advocate telephoned Ajit, and demanded him to tell the same thing to Kalpana, but he refused. 

The next day, on July 12, Ajit went to his mother’s sister-in-law’s house in Tinpiple, Kavrepalanchowk at around 9 a.m. He returned at around 7 p.m. and told his mother that he would like to go abroad, to the Gulf, for employment. He also asked her to give him 10 thousand rupees to make a passport. His mother requested him not to do go abroad for employment. 

On 13 July, Ajit went to college with his close friend and returned home at around 11 a.m. He asked his mother to give 100 rupees to buy a recharge card. He gave 50 rupees to his sister. When he did not return by late night, with his phone left in his room as well, his family began searching for him. They called relatives and Ajit’s friends, but did not inform the police due to threats from Kalpana’s family. At around 8 p.m., a phone call came to Ajit’s mother’s sister-in-law, where the caller said “Thulo Mummy Thulo Mummy” hastily. Ajit’s aunt gave the mobile number to his brother Dipendra Mijar, but when he called at that number, another person picked up and said he is now in Sangrila Hotel Chuchepati in Kathmandu. His voice seemed drunk, and he was using foul language. 

On July 14, the Mijar family went to Area Police Office Panchkhal to register an FIR at around 10:30 a.m. They also got information through social media named “Mechi Dekhi Mahakali Media” that one young boy committed suicide in Gajuri, Dhading district. Dipendra Mijar, Ajit’s brother, saw the information and confirmed that the boy looked like Ajit. Along with 40 neighbors, the Mijar family left for Gajuri at 11 p.m. on July 14. 

On 15 July 2016, they reached Area Police Office Gajuri, and asked to see the dead body, but the police informed them that they already buried the dead body which was found hanging on a wooden waiting-place near Furke Khola of Gajuri. The police also denied to dig up the body. Then Ajit’s family telephoned Mr. Sitaram Ghale, Member Secretary of the National Dalit Commission, and requested him to facilitate to dig up the body. Ghale informed and secured permission from the Ministry of Home Affairs at around 1 p.m., and requested to dig up the body and hand it over to the family. Area police officials of Gajuri made an agreement paper where they took signatures of family members, claiming that postmortem has been conducted on the dead body. The family including police officials dug up body on July 16. But there were no signs of any postmortem, as it was hastily buried in the command of the police in charge of Area Police Office Gajuri, Mr. Prakash Jawegu. 

Area Police Office Gajuri claimed that when they found the unknown dead body, they informed the local youth club and buried it in the river bank of Furke Khola. Police also found two empty beers and one Ruslan vodka bottle and potato chips, and a pair of shoes. The rope was made by tarpaulin, and his legs touched the floor when they found the body. Police told the family that they shared the news in social media. The police claimed they buried the dead body due to the bad smell, about which locals complained. But police did not produce any written complaints by the locals. 

The family brought the body to Tribhuwan University Teaching Hospital (TUTH), Kathmandu on 20 July 2016. Initially the hospital refused to conduct a postmortem on the body. Then the family requested Member of Parliament (MP) Mr. Jeevan Pariyar for support. MP Pariyar requested the hospital management to keep the body, and conduct postmortem. The Hospital requested for clearance paper from the Area Police Office for re- postmortem of the body. On July 19, TUTH conducted a postmortem under the leadership of Dr. Harihar Awasthi, where it was found not to be a suicide by hanging.

The AHRC is concerned at the dramatic chain of events leading to Ajit’s death and recovery of his body, all of which suggest police controversy. Ajit’s family members have demanded an immediate probe into this incident, as there are high chances of murder by Kalpana’s relatives, and involvement of the police to stage it as a suicide. Thus the AHRC urges local authorities to conduct a prompt investigation into this case, followed by the prosecution and punishment of those responsible.

SUGGESTED ACTION: 

The police authorities must immediately suspend the alleged police officers involved, and initiate action against them after due process of investigation into police negligence. 

Please write letters to the following authorities calling on them to take necessary action against the people involved in this case.

The AHRC is writing a separate letter to the UN Special Rapporteur on Contemporary forms of racism, racial discrimination, xenophobia and related intolerance requesting an intervention in this case.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

NEPAL: Intercaste marriage allegedly ends in murder

Name of victims: Mr. Ajit Mijar (18 years old), and his parents Mr. Hari Bhakta Dhakal (Mijar), and Ms. Kali Mijar
Alleged Perpetrators: 
1. Ms. Samjhana Parajuli – sister of Ms. Kalpana Parajuli
2. Mr. Jhuwa Parajuli, and his wife – parents of Kalpana Parajuli of Panchkhal-8 Jamdi Kavrepalanchowk 
3. Mr. Prakash Jawegu, Police Inspector of Area Police Office, Gajuri Dhading
Date of incident: 14 July 2016 and ongoing
Place of incident: Gajuri, Dhading District, Nepal

I am writing to voice my deep concern as 18-year-old Ajit Mijar (Dhakal), a Dalit by caste, was found allegedly murdered on 14 July 2016 in Dhading district of Nepal. Ajit was a resident of Panchkhal Kavre district, who married his non Dalit girlfriend Kalpana Parajuli on 9 July 2016. The couple were forced to abandon their marriage by the girl’s relatives and Area Police Office Panchkhal on 9 July 2016, claiming it to be an early marriage. Kalpana was forcibly taken away by her relatives on 11 July 2016, two days after the marriage, and they threatened to kill Ajit within 72 hours.

On July 10, Kalpana’s family registered a First Information Report (FIR) against Ajit, under the Muluki Ain, 2020 (Marriage Code). According to the girl’s family, Kalpana is aged 15, and as per Nepali law, marriage under 20 without parents’ consent is illegal. The Area Police Office Panchkhal summoned both families for discussion on July 10. The newly married couple returned to Panchkhal from Bhaktapur on July 10 at around 5 p.m.

Both families gathered at Area Police Office Panchkhal on July 11. The police officials and girl’s family forced the couple to separate. Kalpana resisted, but her father Jhuwa Parajuli tore her marriage garland, and said she is dead to him. Kalpana’s elder sister Samjhana Parajuli also threatened to kill Ajit at any cost. Finally, the police and girl’s family forced them to separate.

At around 4 p.m., the Mijar family returned home from the police office. Ajit did not take any food that night. At around 6 p.m., Kalpana telephoned Ajit, and promised that she will return back within three days. Ajit told her that there is no meaning to his life if she does not return. At around 8 p.m., Kalpana’s father, Jhuwa Parajuli, called Ramesh Mijar and requested him to say that Ajit had already married another girl, as Kalpana refused to eat any food. Earlier at around 6 p.m. another man claiming to be an advocate telephoned Ajit, and demanded him to tell the same thing to Kalpana, but he refused.

The next day, on July 12, Ajit went to his mother’s sister-in-law’s house in Tinpiple, Kavrepalanchowk at around 9 a.m. He returned at around 7 p.m. and told his mother that he would like to go abroad, to the Gulf, for employment. He also asked her to give him 10 thousand rupees to make a passport. His mother requested him not to do go abroad for employment.

On 13 July, Ajit went to college with his close friend and returned home at around 11 a.m. He asked his mother to give 100 rupees to buy a recharge card. He gave 50 rupees to his sister. When he did not return by late night, with his phone left in his room as well, his family began searching for him. They called relatives and Ajit’s friends, but did not inform the police due to threats from Kalpana’s family. At around 8 p.m., a phone call came to Ajit’s mother’s sister-in-law, where the caller said “Thulo Mummy Thulo Mummy” hastily. Ajit’s aunt gave the mobile number to his brother Dipendra Mijar, but when he called at that number, another person picked up and said he is now in Sangrila Hotel Chuchepati in Kathmandu. His voice seemed drunk, and he was using foul language.

On July 14, the Mijar family went to Area Police Office Panchkhal to register an FIR at around 10:30 a.m. They also got information through social media named “Mechi Dekhi Mahakali Media” that one young boy committed suicide in Gajuri, Dhading district. Dipendra Mijar, Ajit’s brother, saw the information and confirmed that the boy looked like Ajit. Along with 40 neighbors, the Mijar family left for Gajuri at 11 p.m. on July 14.

On 15 July 2016, they reached Area Police Office Gajuri, and asked to see the dead body, but the police informed them that they already buried the dead body which was found hanging on a wooden waiting-place near Furke Khola of Gajuri. The police also denied to dig up the body. Then Ajit’s family telephoned Mr. Sitaram Ghale, Member Secretary of the National Dalit Commission, and requested him to facilitate to dig up the body. Ghale informed and secured permission from the Ministry of Home Affairs at around 1 p.m., and requested to dig up the body and hand it over to the family. Area police officials of Gajuri made an agreement paper where they took signatures of family members, claiming that postmortem has been conducted on the dead body. The family including police officials dug up body on July 16. But there were no signs of any postmortem, as it was hastily buried in the command of the police in charge of Area Police Office Gajuri, Mr. Prakash Jawegu.

Area Police Office Gajuri claimed that when they found the unknown dead body, they informed the local youth club and buried it in the river bank of Furke Khola. Police also found two empty beers and one Ruslan vodka bottle and potato chips, and a pair of shoes. The rope was made by tarpaulin, and his legs touched the floor when they found the body. Police told the family that they shared the news in social media. The police claimed they buried the dead body due to the bad smell, about which locals complained. But police did not produce any written complaints by the locals.

The family brought the body to Tribhuwan University Teaching Hospital (TUTH), Kathmandu on 20 July 2016. Initially the hospital refused to conduct a postmortem on the body. Then the family requested Member of Parliament (MP) Mr. Jeevan Pariyar for support. MP Pariyar requested the hospital management to keep the body, and conduct postmortem. The Hospital requested for clearance paper from the Area Police Office for re- postmortem of the body. On July 19, TUTH conducted a postmortem under the leadership of Dr. Harihar Awasthi, where it was found not to be a suicide by hanging.

I am concerned at the dramatic chain of events leading to Ajit’s death and recovery of his body, all of which suggest police controversy. Ajit’s family members have demanded an immediate probe into this incident, as there are high chances of murder by Kalpana’s relatives, and involvement of the police to stage it as a suicide. Therefore, I urge you to conduct a prompt investigation into this case, followed by the prosecution and punishment of those responsible.

I look forward to your prompt action in this matter.

Yours Sincerely,

—————————— 
PLEASE SEND YOUR LETTERS TO:

1. Mr. Khadga Prasad Sharma Oli
Prime Minister
Office of the Prime Minister and Council of Ministers of Nepal
Singh Durbar, Kathmandu
P.O. Box: 23312
NEPAL
Tel: +977 1 4211000
Fax: +977 1 4211086
Email: info@opmcm.gov.np

2. Mr. Shakti Bahadur Basnet
Home Minister of Nepal
Ministry of Home Affairs
Singh Durbar, Kathmandu 
NEPAL
Fax: +977 1 421-1257, 421-1286
Email: gunaso@moha.gov.np

3. Mr. Anupraj Sharma
Chairperson
National Human Rights Commission
Pulchowk, Lalitpur
NEPAL
Fax: +977 1 55 47973
Tel: +977 1 5010015
E-mail: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

4. Mr. Hari Phuyal
Attorney General
Office of Attorney General 
Ramshah Path, Kathmandu
NEPAL 
Tel: +977 1 4240210, +977 1 4262548, +977 1 4262394
Fax: +977 1 4262582 / 4218051
Email: info@attorneygeneral.gov.np

5. Mr. Upendra Kant Aryal
Inspector General of Police
Police Head Quarters 
Naxal, Kathmandu
NEPAL
Fax: +977 1 4415593
Tel: +977 1 4412432
Email: phqigs@nepalpolice.gov.np

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-093-2016
Countries : Nepal,
Issues : Caste-based discrimination, Impunity, Police negligence,